ML20214R808

Discovery Instructions Re Applicant Answers to Comanche Peak Response Team Discovery Repts 1 & 2.Related Correspondence

ML20214R808
Person / Time
Site:	Comanche Peak
Issue date:	09/16/1986
From:	Garde B Citizens Association for Sound Energy, TRIAL LAWYERS FOR PUBLIC JUSTICE, P.C.
To:	NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20214R802	List: ML20214R799 ML20214R808 ML20214R830 ML20214R853
References
OL, NUDOCS 8609290285
Download: ML20214R808 (10)

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s UNITED STATES OF AMERICA NUCLEAR R8GULATORY COMMISSIOa BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of' )

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TEXAS UTILITIES GENERATING )

COMPANY, et al. ) Docket Nos. 50-445

) 50-446 O R (Comanche Peak Steam Electric )

Station, Units 1 & 2 ) -

CPRT DISCOVERY INSTRUCTIONS Pursuant to 10 C.F.R. Part 2 and Rules 33 and 34 of the Federal Rules of Civil Procedure, Citizens' Association for Sound Energy (CASE) requests that Applicants answer separately and completely in writing, under oath or affirmation, .each of the interrogatories set forth in the separately filed "CPRT Discovery

- 1, 2, etc." and deliver the answers to CASE's counsel, Trial Lawyers for Public Justice, at 2000 h Street, N.W., Suite 611, Washington, D.C. 20036 and to CASS's representative Juanita  !

Ellis, Citizens' Association for sound Energy, 1426 S. Polk Street, Dallas, Texas 75244.

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8609290285 860916 PDR ADOCK 05000445 -

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1. Definitions and Instructions l 1

1.10efinitions: For the purpose of these interrogatories the following terms shall have the following meanings:

A. " Document" shall mean every instrument or device by which, through which or on which information has oeen recorded including those reflecting meetings, discussions or conversation; notes; letters; drawings; files; graphs; cnarts; maps; photographs; deeds; studies; data sneets; notecooks; books; appointment calendars; telephone oills; telephone messages; receipts; vouchers minutes of meetings; pamphlets; computations; calculations; accounting (s);

financial statements; voice recordings; computer printouts; and any device or media on wnich or through which information of any type is transmitted, recorded or preserved. The term

" document" also means every copy of a document when such copy is noban identical duplicate of the original.

I The definitions here are intenced to guide Applicants in providing their answers by helping tnem understand wnat CASE means by these words in the questions. Ooviously, Applicants may provide their answers by using the same words witn the same meaning out should so indicate. The interrogatoriss entitled

" Definitions" are addressed to the meaning of words used oy Applicants in their answers and in the CPRT.

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b To the extent that documents are identified or relied upon to answer any of these questions the document must nave already been released or made available to CASE, or must ce released or made availaole to CASE. (No documents may be used in opposition to CASE motions for summary alsposition on CPRT adequacy, in cross motions s

' for summary disposition or at hearings related to the suojects inquired into here if not produced in response to these interrogatories.)

8. " Contact" means any and all communication by any means wnatsoever tnat involved a transfer of inrormation, whether written, oral or in any otner form, including discussions, letters, memoranda, telephone calls, or telegrams.

C. Tne term " identify" means:

(1) As to conversations, stating the parties to the conversation, tne date of the conversation, and tne portions of tne con'versation responsive to the particular interrogatory; (ii) As to tne individuals, stating their name, ousiness address, position or job, their relation, if any, to the parties in tnis proceeding, and their present or tormer af tiliation or contact with Applicants.

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(iii) As to meetings and contacts, stating the date ot eacn such meeting or contact, the participants thereto and the titles ot those participants, and the substance thereof. Identify all documents written during, or as a result of, such meeting or contact.

s Identify all communications preceding, during, and subsequent to such meeting or contact related in any way to the meeting.

D. Tne term " explain in precise detail" means:

(i) to descriDe an activity in a step-by-step manner, starting at the beginning of that activity and tracing it through every action, interface, decision point, discussion point, conversation, inspection review, or conclusion oy which the activity occurred; (ii) to include in the explanation the names of all individuals, organizations, companies, groups, disciplines, or other person or persons who participated in the activity descrioed aoove.

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(iii) to incluae in the explanation all the documents, forms, procedures or otner guidance or criteria Oy which the activity was performed or by which the activity was governed or evaluated or which was included in the description of tne activity. The purpose of this instruction is to recreate as closely as possibale the facts, situation, activity, conversation, etc. which serves as the answer to tne posed interrogatory so tnat there can be no mistake or misunderstanding as to the intent and meaning of the words used in response to tne interrogatories.

B. The term "the process" means any and all research, development, inspection, documer,t review, interviews, walkdowns, analyses, veriticaitons, conversations, evaluations, and observationswnichhereconducted, performed, accomplished, repeated, reviewed, undertaken, or finalized in pursuit of any task, goal, objective or, conclusion of the CPRT elements.

F. Where identification of a document is required, state the following: its cate; its exact title; the general subject matter of the document; the autnor and nis/her affiliation, office or

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-f-1 ousiness, presently and at tne the time the document or correspondence was prepared; tne last known adoress ot every person to wnom a copy of the document was to be sent, other tnan the addressee described aoove; the name and address of all persons who now have the original and/or

- copies; the identification and location of the files where tne original and each copy is kept in the regular course of business and the custodian thereot; anc whether the document will oe made -

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availaole for inspection and copying, and the

site of such voluntary production.

Alternatively, produce the document and identify to wnich interrogatory it is responsive.

G. "NRC" snail mean the U.S. Nuclear Regulatory Commission, including its orancnes, departments, sections, offices, subdivisions, its commissioners, administrators, officials, inspectors, investigators, staff, consultants,'

contractors, attorneys, employees, agents, representatives and accountants, or their agents, attorneys and representatives,

n. " Person" or " Individual" snall refer to any natural person, firm partnersnip, joint venture, trust, corporation, holding company, non-profit corporation, puolic interest group, or otner

entity natural or legal, domestic or foreign.

I. For the purpose of this request, Applicants include all owners of CPSSS and any of their contractors, sub-contractors, co-owners, subsiaiaries, branches, divisions, departments, sections, or affiliates; present and former officers, directors, management, board of

' directors, employees, statf, officials, agents consultants, attorneys, representatives or their attorneys, representative or agent.

2. Instructions:

A. This discovery request is deemed to be continuing, and any other additional information which is discovered and responsive to this request requires supplementation to these answers up to and including the time of the hearing in this proceeding.

8. All interrogatories should De answered on tne basis of Applicants' knowledge or information and oelief, including that of Applicants' representatives, agents, ano, unless privileged and specifically alleged witn respect to specifically identifiea material and the basis for tne claim attorneys. The response should inoicate wnen an answer is cased upon information anc beliet.

-d-C, wnen an interrogatory has one or more subparts, the answer to each subpart should oe set forth separately and completely.

D. If Applicants believe that the answer to any interrogatory is privileged, in whole or in part, or otherwise ob]ects to any part of the interrogatory, Applicants must state the reason (s) w for each objection, and identify each person having knowledge of tne factual oasis, if any, on which the privilege or oojection is asserted and the precise scope or tne claimed privilege or objection .

E. If an interrogatory could, at one time, have been answered by consulting cocuments that are no longer in existence, the Applicants must in responding to the interrogatory:

(i) Identify what information was i

maintained in such documents; (ii) Identify all documents that contained sucn infor'[ nation; (iii) State tne time period during which such accuments were maintained; (iv) State the circumstances under wnich such documents ceased to exist; i D

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b (v) Identity all persons naving Knowledge of the circumstances under which documents ceased to exist; ano (vi) Identify all persons who have knowledge or had knowledge of the documents and their contents.

F. If Applicants once had any document responsive to the request for production, but said document has been destroyed, lost, given or loaned to another or is otnerwise unavailable for inspection, Applicants anall turnish:

(i) The name and address of all other persons who have or may nave saia document; (ii) A summary of the contents of said document; and (iii) The date and reason why the document was destroyed, lost, loaned, given or otherwise 'became unavailaole.

G. Every request to identity or descrioe a document may oe alternatively responded to oy producing the document and identifying witn particularity to wnica question it is responsive. If this alternative is used enen to the extent tne question asks tor an iaentity or-description of tne document the answer will De complete.

s Prooucing a document is not an alternative to answering a question whicn seeks to know the meaning of a document, Applicants' interpretation of a document or how the document or its subject are actually treated or used by Applicants.

Respectfully submitted, w

BILLIE P. GARDE f a d

TRIAL LAWYBRS FOR PUBLIC JUSTICE 2000 P Street, N.W.

Suite 611 .

Washington, D.C. 20036 i

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